K-1 denial based on previous denials???

[Tero 105]

I do want to immigrate to the US to be with my fiancé

and i dont want to get married in my country,simply because all my family live in the US. dad, mom, and sister. and his family too. thats why it makes more senese to want to marry there

You can take a chance on the K-1 visa if that is what you really want, but for the IR1/CR1 visa, you don't need to throw a huge wedding in your country. You can just do a simple court wedding alone which would not require nearly as much money or involve many people. Have some close relatives or friends be your witnesses, get your marriage certificate and when you eventually travel, you can throw a much bigger wedding as you like. You have already made 3 unsuccessful tries, and they probably see some desperation from you. Who knows? they might deny your K-1 just for the suspicion that it is for immigration purpose only. A marriage backed up with tonns of evidence might convince them. Which ever you decide, good luck.

[Kathryn41 3,205]

I just want to correct some incorrect information.

When someone applies for a visitor's visa and are denied entry because they are assumed to have immigrant intent it will have no impact upon a K-1 visa or a CR-1 visa. You ARE expected to have immigrant intent for a K-1 and a CR-1 visa, so the reason for the visitor's visa denial no longer exists. You have to prove the validity of your relationship to qualify for both the K-1 and the CR-1 visas but I am going to work on the assumption that if you are on this forum it is because you have a relationship.

Having a denied student visa application depends upon the reasons for the denials to determine whether it would impact a K-1 or a CR-1 visa. If the reason for denial was lack of acceptance at an educational facility, or insufficient funds or issues like that, then again, the denial of a student visa application should have no impact on a K-1 or a CR-1 visa. The only caveat here is if there are a number of repeated visa attempts and denials. This could be a red flag, as mentioned in the above posts, that the beneficiary is more interested in getting to the US than is involved in a real relationship. If this is the case and the relationship is real, then be prepared to provide extensive proof of the validity of the relationship to overcome any possible hesitation or suspicion on the part of the Consulate.

Now, it is not necessarily a good piece of advice to say 'get married simply/quickly' because a married beneficiary provides a better relationship case than an engaged beneficiary. For many Western countries a quick and informal marriage ceremony is not a problem to obtaining a CR-1 visa. For other countries, especially third word countries or ones with a strong national religious or cultural identity, a simple or quick marriage is not acceptable. You need to follow the customs dictated by that culture or that religion or that country which may include things such as betrothal ceremonies, family gift exchanges, public receptions for a specified number of people, religious and civil recognition of the marriage and satisfying cultural 'norms' (eg, age differences, status differences, etc.). There have been more situations than I like to remember where a couple has married quickly and by-passed the cultural norms for that society only to find their marriage deemed as fraud and for immigration purposes because they did not 'follow the rules'.

So, please everyone, be careful with what advice you offer. You can speak about your own personal experiences and what worked for you in your situation but do not assume that what works for you will work for everyone else, and advising others to take a course of action without being aware of all of the other circumstances involved may have very unhappy repercussions.

Edited December 22, 2010 by Kathryn41

[TBoneTX 45,091]

This post by Kathryn deserves to be enshrined in the pantheon of all-time sensible VJ posts, si man.

[Tero 105]

I just want to correct some incorrect information.

When someone applies for a visitor's visa and are denied entry because they are assumed to have immigrant intent it will have no impact upon a K-1 visa or a CR-1 visa. You ARE expected to have immigrant intent for a K-1 and a CR-1 visa, so the reason for the visitor's visa denial no longer exists. You have to prove the validity of your relationship to qualify for both the K-1 and the CR-1 visas but I am going to work on the assumption that if you are on this forum it is because you have a relationship.

Having a denied student visa application depends upon the reasons for the denials to determine whether it would impact a K-1 or a CR-1 visa. If the reason for denial was lack of acceptance at an educational facility, or insufficient funds or issues like that, then again, the denial of a student visa application should have no impact on a K-1 or a CR-1 visa. The only caveat here is if there are a number of repeated visa attempts and denials. This could be a red flag, as mentioned in the above posts, that the beneficiary is more interested in getting to the US than is involved in a real relationship. If this is the case and the relationship is real, then be prepared to provide extensive proof of the validity of the relationship to overcome any possible hesitation or suspicion on the part of the Consulate.

Now, it is not necessarily a good piece of advice to say 'get married simply/quickly' because a married beneficiary provides a better relationship case than an engaged beneficiary. For many Western countries a quick and informal marriage ceremony is not a problem to obtaining a CR-1 visa. For other countries, especially third word countries or ones with a strong national religious or cultural identity, a simple or quick marriage is not acceptable. You need to follow the customs dictated by that culture or that religion or that country which may include things such as betrothal ceremonies, family gift exchanges, public receptions for a specified number of people, religious and civil recognition of the marriage and satisfying cultural 'norms' (eg, age differences, status differences, etc.). There have been more situations than I like to remember where a couple has married quickly and by-passed the cultural norms for that society only to find their marriage deemed as fraud and for immigration purposes because they did not 'follow the rules'.

So, please everyone, be careful with what advice you offer. You can speak about your own personal experiences and what worked for you in your situation but do not assume that what works for you will work for everyone else, and advising others to take a course of action without being aware of all of the other circumstances involved may have very unhappy repercussions.

...All that bank of knowledge and experience, no wonder you are the "zookeeper"

[MensahLuv 4]

Thumbs up to Kathryne!